Terms of conditions (AGB)

Terms of condition (AGB) Tenant

Application
The legal relationship between the client and Rahat Apartments Berlin is governed by these General Terms and Conditions. The parties agree that the “General Terms and Conditions of Rahat Apartments Berlin for Tenants” shall also apply to follow-up orders, insofar as the respective valid version is to be taken as the basis.

Realtor services
2.1 Rahat Apartments Berlin shall be commissioned to provide evidence of an opportunity to rent residential space on a temporary basis. Such proof may be provided verbally or in writing, by telephone, fax or e-mail. If the client is already aware of an offer, Rahat Apartments Berlin must be informed immediately, stating the source.

2.2 The brokerage activity is free of charge for the client.

Duty to inform
The client is obliged to inform Rahat Apartments Berlin immediately of the conclusion and essential details of a rental agreement and to hand over a copy of the rental agreement to Rahat Apartments Berlin. The duty to inform also applies if advanced contract negotiations are broken off and an unexpected failure to conclude the contract occurs. Rahat Apartments Berlin must also be informed immediately of any intention to extend the existing tenancy.

Cancellation
4. Cancellation or premature termination of the rental agreement does not give rise to any claims against Rahat Apartments Berlin.

Confidentiality
5. the offers are confidential and exclusively intended for the client personally. Any passing on of the offers proven by Rahat Apartments Berlin as well as the personal data of the accommodation providers may not be reused or passed on to third parties without the consent of the agency even after the search order has expired. Otherwise, an appropriate contractual penalty will be agreed, which Rahat Apartments Berlin can determine according to law and equity. Rahat Apartments Berlin reserves the right to claim further damages. The client can therefore be liable for the lost commission.

Contractual partner
6.1 Rahat Apartments Berlin is not a contractual partner in the rental agreement and, as an accommodation broker, cannot assume any responsibility for damage to the rental object. Claims for damages against Rahat Apartments Berlin are excluded, unless intentional or grossly negligent action or culpable violation of cardinal obligations or of life, body or health. With regard to the violation of cardinal obligations, liability is limited to the damage typically incurred in this type of business.

6.2 The limitation period for the assertion of damages is one year. The period of limitation begins with the end of the year in which the claim arose and the customer becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence.

6.3 The evidence shall be based on the information provided by the Lessor. Rahat Apartments Berlin assumes that the data provided by the Lessor is correct. Rahat Apartments Berlin assumes no liability for the accuracy and completeness of the information provided by the Lessor. Any liability for rental contracts that have not been concluded is also excluded.

Changes
7. Subsequent changes to the search order shall only apply if agreed in writing. Should one or more clauses be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The original clause shall be replaced by a provision which presumably corresponds to the will of the parties.

Privacy policy
8. the data of the client transmitted to Rahat Apartments Berlin will be stored electronically for the processing of the order and used in accordance with the order. The client agrees to this. The data will be deleted after the legal retention periods have expired. The data will not be passed on to third parties.

Permitted dual employment
9. Rahat Apartments Berlin is also entitled to work for the landlord – either for a fee or free of charge. Rahat Apartments Berlin undertakes to be impartial in the performance of any dual activity.

Contract term, order confirmation
10.1 The order is indefinite and is not terminated by a lease. It may be terminated by either party by giving four weeks’ notice to the end of the month. Notice of termination must be given in writing. The obligations from 2 and 3 remain unaffected.

10.2 The order shall only come into effect upon written confirmation of the order by Rahat Apartments Berlin. The order placed with Rahat Apartments Berlin for the provision of brokerage services is therefore subject to change without notice.

Changes to the General Terms and Conditions
11 Rahat Apartments Berlin has the right to make changes to the “General Terms and Conditions of Rahat Apartments Berlin for Tenants”. Changes will be published on the website and notified to the tenant by e-mail. If the tenant continues to use the services of Rahat Apartments Berlin or does not object within 14 days of notification, this shall be deemed consent.

Side Agreements, Severability Clause
12. amendments and collateral agreements must be made in writing. This also applies to an amendment to this clause. If a part of the proof contract should be or become ineffective, the contract remains otherwise effective. The parties undertake to replace the ineffective provisions with provisions that come closest to the original intention.

choice of law and place of jurisdiction
13 This contract shall be governed exclusively by German law with the exception of International Private Law (IPR). For disputes arising in connection with this contract or its validity, the Berlin Regional Court shall have jurisdiction, both factually and locally, insofar as the client is a merchant, a legal entity under public law or a special fund under public law domiciled in Germany. The exclusive jurisdiction of the aforementioned court shall also be agreed if the client is an entrepreneur domiciled in the European Union outside Germany, Switzerland, Norway or Iceland.

Terms of condition (AGB) Landlord

Application, brokerage order, brokerage services
1.1 The legal relationship between the client and Rahat Apartments Berlin is governed by these General Terms and Conditions. The parties agree that the “General Terms and Conditions of Rahat Apartments Berlin für Vermieter” shall also apply to follow-up orders, insofar as the respective valid version is to be applied.

1.2 Rahat Apartments Berlin shall be commissioned to prove or arrange an opportunity to rent residential space on a temporary basis. Such proof may be provided verbally or in writing, by telephone, fax or e-mail.

1.3 Rahat Apartments Berlin shall market the residential space by means of an anonymous property description with street name – without house number – (exposé) by publication on the website of Rahat Apartments Berlin and relevant marketing channels.

1.4 Subsequent changes to the lessor’s order shall only apply if agreed in writing.

Price list, due date, cancellation
2.1 In case of successful proof or mediation of a temporary rental agreement a commission will be owed. This amounts to 200% of a monthly rent including 19% VAT = 200% of a monthly rent (corresponds to 2 monthly rents). The commission is calculated on a daily basis. Monthly rent is the total monthly rent to be paid to the client including ancillary costs and any special services (e.g. garage, parking space, electricity, heating, water). If a net cold rent plus advance payment for ancillary costs has been agreed, the monthly rent shall be understood as the amount of the net cold rent plus advance payment for ancillary costs.

2.2 However, the amount of the commission depends on the contractual rental period and is adjusted as follows in the form of an advance payment in accordance with the following commission table:

Rental period up to 2 months, plus 19 % VAT = 24 % of a monthly rent
rental period up to 3 months, plus 19 % VAT = 36 % of one month’s rent
Rental period up to 4 months, plus 19 % VAT = 48 % of one month’s rent
Rental period up to 5 months, plus 19 % VAT = 60 % of one month’s rent
rental period up to 6 months, plus 19 % VAT = 72 % of one month’s rent
Rental period up to 7 months, plus 19 % VAT = 84 % of one month’s rent
Rental period up to 8 months, plus 19 % VAT = 96 % of one month’s rent
Rental period up to 9 months, plus 19 % VAT = 108 % of a monthly rent
Rental period up to 10 months and longer, plus 19 % VAT = 120 % of one month’s rent (maximum rate)

2.3 In the event of premature termination by the lessee for reasons for which the lessor is not responsible, the commission shall be refunded pro rata.

2.4 If the originally agreed rental period is extended, a further advance payment shall be due to Rahat Apartments Berlin until the maximum rate pursuant to 2.1. has been reached. The commission already charged shall be credited in full.

2.5 The claim for commission arises with the conclusion of a tenancy and becomes due at the latest at the beginning of the tenancy. Other arrangements must be agreed with Rahat Apartments Berlin.

2.6 Cancellation or premature termination of the rental agreement, with the exception of the circumstances regulated in 2.3, shall not give rise to any claims against Rahat Apartments Berlin. Rahat Apartments Berlin’s claim to the unabridged brokerage fee pursuant to 2.1. and 2.2. in accordance with the contractual term shall remain unaffected.

2.7 A commission in accordance with 2.1. and 2.2. shall also be owed if the Customer presents and leases to the prospective tenant a different offer than that originally proven by Rahat Apartments Berlin. This shall also apply in the event that the Customer is not the owner of the object or acts on behalf of third parties.

Information obligations of the client
3.1 If the client is already aware of a proven or mediated tenant, Rahat Apartments Berlin must be informed immediately, stating the source. Otherwise, Rahat Apartments Berlin shall be entitled to the accruing commission pursuant to 2.1. and 2.2. above in the event that the rental contract is concluded.

3.2 The Customer is obliged to inform Rahat Apartments Berlin immediately of the conclusion and essential details of a rental agreement and to hand over a copy of the rental agreement. The duty to inform shall also apply if advanced contract negotiations have already been broken off and the contract is unexpectedly not concluded. If the Client fails to comply with the notification obligation under 3.2, he shall be obliged to indemnify Rahat Apartments Berlin against all claims by third parties based on the fact that the living space was offered by Rahat Apartments Berlin even though it was not available.

3.3 The intention to extend existing tenancies (with or without the option of extension) must also be communicated to Rahat Apartments Berlin immediately, but no later than one month before the expiry of the original contractually agreed period. Failure to comply with this obligation may result in claims for damages by Rahat Apartments Berlin.

3.4 The Customer shall inform Rahat Apartments Berlin immediately if any data relevant to the conclusion of the rental agreement changes; e.g. contact data, lengthy absence, rental price, equipment, availability, visits cannot take place or other circumstances that stand in the way of a rental.

3.5 The Customer shall inform Rahat Apartments Berlin immediately if a tenant proven or mediated by Rahat Apartments Berlin requests a new rental within 24 months of expiry of the rental agreement directly from the Customer and a new rental agreement is concluded.

3.6 The Customer undertakes to state the name of the Hirer, irrespective of whether the rental was concluded by Rahat Apartments Berlin or otherwise. Only the transmission of this data enables Rahat Apartments Berlin to verify whether the contract was concluded on the basis of proof provided by the agency. The prospective tenants are to be informed by the landlord of the necessity and purpose of this data transfer.

3.7 Before Rahat Apartments Berlin provides the service owed, the Client is obliged to inform Rahat Apartments Berlin of the object to be looked after and to point out possible sources of danger. This also includes construction defects, planned construction work, recently remedied defects such as mould and other defects, pending repairs and all circumstances that may be of significance for the rentability of the apartment. The client confirms the functionality of the heating and hot water supply. A breach of this obligation will result in the provision in 2.3. no longer being applicable.

Ban on circumvention
4.1 The Client shall refrain from collusion with the proven prospective tenant that is suitable to circumvent the Client’s obligation to pay commission to Rahat Apartments Berlin. The same applies to agreements which affect the amount of the commission payment obligation of the client.

4.2 For the duration of the assignment, the Client undertakes to inform Rahat Apartments Berlin if the living space is published in market-relevant media, by other agencies, on Internet portals or on its own Internet pages. Furthermore, the Client undertakes not to link to the exposé published by Rahat Apartments Berlin.

Confidentiality, customer protection
5.1 The proofs are confidential and exclusively intended for the client. Any disclosure of the personal data of prospective tenants proven or procured by Rahat Apartments Berlin without the consent of Rahat Apartments Berlin is prohibited until the expiry of a period of twelve months after the expiry of the rental agreement. Otherwise, a contractual penalty in the amount of the commission to be paid pursuant to 2.1. shall be agreed. The client has the right to prove that less damage has been incurred. The right to claim further damages remains reserved.

5.2 The above obligations shall also apply in the event that the Client cancels or terminates the Lessor Agreement between him and Rahat Apartments Berlin.

Data protection
6.1. the indicated data are stored after the data protection-legal regulations under consideration of the tax-legal and bookkeeping obligations as well as the supreme court iurisdiction to the claim for commission.

6.2 A passing on of the indicated data or a sales for advertising purposes does not take place.

Copyright, storage, right of use
7.1 Rahat Apartments Berlin is entitled, but not obliged, to photograph or film the landlord’s interiors for the purpose of marketing. All photo and video materials as well as floor plans taken and created by Rahat Apartments Berlin are protected by copyright and may not be used without permission. Rahat Apartments Berlin is entitled to publish this material on the Internet and to use it for its own advertising purposes. Rahat Apartments Berlin has the right to determine the selection of photos and the type of presentation.

7.2 Rahat Apartments Berlin shall be entitled, even in the event that no proof or mediation of a rental agreement has been provided, to retain the Customer’s contact data, the address of the object of the order, the associated photographic material and the exposé for a period of one year after termination of the proof agreement and to process them for its own contractual purposes.

7.3 Insofar as the Client provides its own photographic material, Rahat Apartments Berlin shall be granted a non-exclusive, royalty-free right to use the photographic material for brokerage activities. The simple right of use extends to all actions that are necessary to market the living space in a manner customary in the industry. This also includes not naming the author and marking the photographic material with a visible watermark of Rahat Apartments Berlin. The copyright also applies to all written documents transmitted or made available to the client which are subject to the scope of protection of the copyright law.

7.4 The client guarantees that the material transmitted by him is free of rights of third parties or that the client has the right to use it under the conditions specified in the copyright law.

7.3. was granted. Should claims be made against Rahat Apartments Berlin due to the violation of the rights of third parties with regard to the transmitted material, the Client shall indemnify Rahat Apartments Berlin against all costs and compensation obligations associated therewith.

Rental entitlement
8.1 The client assures that he is entitled to rent or sublet the property.

8.2 Rahat Apartments Berlin shall not be liable for damages resulting from unauthorized rental.

Liability
9.1. Rahat Apartments Berlin is not a contractual partner in the rental agreement and, as a housing agent, cannot accept any responsibility for damage to the rental object. Claims for damages against Rahat Apartments Berlin are excluded unless intentional or grossly negligent action or a culpable violation of cardinal obligations or of life, body or health. With regard to the violation of cardinal obligations, liability is limited to the damage typically incurred in this type of business.

9.2 The limitation period for the assertion of damages is one year. The period of limitation begins with the end of the year in which the claim arose and the customer becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence.

9.3 The evidence is based on the information provided by the prospective tenant. Rahat Apartments Berlin assumes that the data provided by the prospective tenant is correct. Rahat Apartments Berlin assumes no liability for the accuracy and completeness of the information provided by the prospective tenant. Any liability for rental contracts that have not been concluded is also excluded.

Energy Performance Certificate
10.1 The lessor is aware of the obligation to reproduce the energy certificate in the exposé and advertisements. The lessor shall indemnify the broker against all claims based on incorrect information or information not supplied by the lessor in the context of the brokerage of the property. This applies in particular to possible legal prosecution costs.

10.2 The client is informed that there is a legal obligation to present an energy certificate (EnEV) without being requested to do so at the latest when the prospective tenant inspects the rental object and that this must be attached to the rental contract.

Contract term, order confirmation
11.1 The order is indefinite and is not terminated by a rental. It can be terminated by either party by giving four weeks’ notice to the end of the month. The notice requires the text form. The obligations from 2 and 3 remain unaffected.

11.2 The order shall only come into effect upon written confirmation of the order by Rahat Apartments Berlin. The order placed with Rahat Apartments Berlin for the provision of brokerage services is therefore subject to change without notice.

Permitted dual activity
12 Rahat Apartments Berlin is also entitled to work for the tenant – either for a fee or free of charge. Rahat Apartments Berlin undertakes to be impartial in the performance of any dual activity.

Changes to the General Terms and Conditions of Business
13 Rahat Apartments Berlin has the right to make changes to the “General Terms and Conditions of Rahat Apartments Berlin for Landlords”. Changes will be published on the website and notified to the landlord by e-mail. If the landlord continues to use the services of Rahat Apartments Berlin or does not object within 14 days of notification, this shall be deemed consent.

Side agreements, severability clause
14. Changes and collateral agreements must be made in writing. This also applies to an amendment to this clause. If a part of the proof contract should be or become ineffective, the contract remains otherwise effective. The parties undertake to replace the ineffective provisions with provisions that come closest to the original intention.

choice of law and place of jurisdiction
15. This contract shall be governed exclusively by German law with the exception of International Private Law (IPR). For disputes arising in connection with this contract or its validity, the Berlin Regional Court shall have jurisdiction, both factually and locally, if the client is a merchant, a legal entity under public law or a special fund under public law domiciled in Germany. The exclusive jurisdiction of the aforementioned court shall also be agreed if the client is an entrepreneur domiciled in the European Union outside Germany, Switzerland, Norway or Iceland.

Last updated 05/2019